Read the full stored bill text
House
File
871
-
Introduced
HOUSE
FILE
871
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
519)
A
BILL
FOR
An
Act
relating
to
the
disposition
of
firearms
and
ammunition
1
deposited
with
the
department
of
public
safety
through
2
seizure
or
forfeiture
proceedings.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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871
Section
1.
Section
809.5,
subsection
1,
paragraph
f,
1
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
2
(3)
(a)
Notwithstanding
subparagraphs
(1)
and
(2),
3
firearms
or
ammunition
shall
be
deposited
with
the
department
4
of
public
safety.
The
Subject
to
the
provisions
of
this
5
subparagraph,
the
firearms
or
ammunition
may
be
held
by
the
6
department
of
public
safety
and
be
used
for
law
enforcement,
7
testing,
or
comparisons
by
the
criminalistics
laboratory
,
or
8
may
.
Firearms
and
ammunition
not
retained
by
the
department
9
for
such
uses
that
are
not
illegal
and
are
not
offensive
10
weapons
as
defined
by
section
724.1
shall
be
destroyed
or
11
disposed
of
by
the
department
of
public
safety
in
accordance
12
with
section
809.21
.
13
(b)
The
department
shall
give
priority
to
making
the
14
firearms
and
ammunition
available
at
public
auction,
unless
15
a
firearm
or
ammunition
has
such
distinctive
or
unique
16
characteristics
so
as
to
make
it
an
important
addition
to
the
17
department’s
weapons
archive.
18
(c)
The
department
shall
not
dispose
of
firearms
or
19
ammunition
to
an
agency
of
any
other
state
or
the
federal
20
government,
except
in
exchange
for
firearms
needed
by
the
21
department
for
the
uses
listed
in
subparagraph
division
(a),
22
or
in
extraordinary
circumstances
that
shall
be
individually
23
approved
and
recorded
by
the
commissioner.
24
(d)
Firearms
and
ammunition
may
be
destroyed
by
or
at
the
25
direction
of
the
department
only
if
the
firearm
or
ammunition
26
fails
to
sell
at
public
auction
or,
in
the
case
of
ammunition,
27
if
the
ammunition
is
determined
to
be
damaged
or
otherwise
28
unsafe
for
use.
29
(e)
Notwithstanding
any
other
provision
in
this
30
subparagraph,
any
weapon
or
ammunition
that
is
illegal
or
31
is
an
offensive
weapon
as
defined
by
section
724.1
and
is
32
not
retained
by
the
department
for
the
uses
described
in
33
subparagraph
division
(a)
or
(c)
may
be
destroyed.
34
Sec.
2.
Section
809.21,
Code
2025,
is
amended
to
read
as
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follows:
1
809.21
Sale
of
certain
ammunition
and
firearms.
2
Ammunition
and
firearms
which
that
are
not
illegal
and
3
which
,
that
are
not
offensive
weapons
as
defined
by
section
4
724.1
may
,
and
that
have
not
been
retained
for
use
by
the
5
department
of
public
safety
in
accordance
with
section
809.5,
6
subsection
3,
paragraph
“f”
,
subparagraph
(3),
shall
be
7
sold
by
the
department
of
public
safety
at
public
auction.
8
The
department
of
public
safety
may
sell
at
public
auction
9
forfeited
legal
weapons
received
from
the
director
of
the
10
department
of
natural
resources,
except
that
rifles
and
11
shotguns
shall
be
retained
by
the
department
of
natural
12
resources
for
disposal
according
to
its
rules.
The
sale
of
13
ammunition
or
firearms
pursuant
to
this
section
shall
be
made
14
only
to
federally
licensed
firearms
dealers
or
to
persons
who
15
have
a
permit
to
purchase
the
firearms.
Persons
who
have
not
16
obtained
a
permit
may
bid
on
firearms
at
the
public
auction.
17
However,
persons
who
bid
without
a
permit
must
post
a
fifty
18
percent
of
purchase
price
deposit
with
the
commissioner
of
19
public
safety
on
any
winning
bid.
No
transfer
of
firearms
may
20
be
made
to
a
person
bidding
without
a
permit
until
such
time
as
21
the
person
has
obtained
a
permit.
If
the
person
is
unable
to
22
produce
a
permit
within
two
weeks
from
the
date
of
the
auction,
23
the
person
shall
forfeit
the
fifty
percent
deposit
to
the
24
department
of
public
safety.
All
proceeds
of
a
public
auction
25
pursuant
to
this
section
,
less
department
expenses
reasonably
26
incurred,
shall
be
deposited
in
the
general
fund
of
the
state.
27
The
department
of
public
safety
shall
be
reimbursed
from
the
28
proceeds
for
the
reasonable
expenses
incurred
in
selling
the
29
property
at
the
auction.
30
Sec.
3.
Section
809A.17,
subsection
5,
paragraph
b,
Code
31
2025,
is
amended
to
read
as
follows:
32
b.
(1)
Forfeited
property
which
that
is
a
weapon
or
33
ammunition
shall
be
deposited
with
the
department
of
public
34
safety
to
be
disposed
of
in
accordance
with
the
rules
of
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871
the
department.
All
Subject
to
the
provisions
of
this
1
paragraph,
all
weapons
or
ammunition
may
be
held
for
use
in
2
law
enforcement,
testing,
or
comparison
by
the
criminalistics
3
laboratory
,
or
destroyed
.
Ammunition
and
firearms
which
that
4
are
not
retained
by
the
department
for
such
uses,
are
not
5
illegal
,
and
are
not
offensive
weapons
as
defined
by
section
6
724.1
may
shall
be
sold
by
the
department
as
provided
in
7
section
809.21
.
8
(2)
The
department
shall
give
priority
to
making
the
9
firearms
and
ammunition
available
at
public
auction,
unless
10
a
firearm
or
ammunition
has
such
distinctive
or
unique
11
characteristics
so
as
to
make
it
an
important
addition
to
the
12
department’s
weapons
archive.
13
(3)
The
department
shall
not
dispose
of
firearms
or
14
ammunition
to
an
agency
of
any
other
state
or
the
federal
15
government,
except
in
exchange
for
firearms
needed
by
the
16
department
for
the
uses
listed
in
subparagraph
(1),
or
in
17
extraordinary
circumstances
that
shall
be
individually
approved
18
and
recorded
by
the
commissioner.
19
(4)
Firearms
and
ammunition
may
be
destroyed
by
or
at
the
20
direction
of
the
department
only
if
the
firearm
or
ammunition
21
fails
to
sell
at
public
auction
or,
in
the
case
of
ammunition,
22
if
the
ammunition
is
determined
to
be
damaged
or
otherwise
23
unsafe
for
use.
24
(5)
Notwithstanding
any
other
provision
in
this
paragraph,
25
any
weapon
or
ammunition
that
is
illegal
or
is
an
offensive
26
weapon
as
defined
by
section
724.1
and
is
not
retained
by
the
27
department
for
the
uses
described
in
subparagraph
(1)
or
(3)
28
may
be
destroyed.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
disposition
of
firearms
and
33
ammunition
deposited
with
the
department
of
public
safety
34
(department)
through
seizure
or
forfeiture
proceedings.
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871
Current
law
provides
the
department
with
specified
options
1
on
how
to
dispose
of
firearms
or
ammunition
acquired
through
2
seizure
or
forfeiture,
including
destruction
of
the
firearm
or
3
ammunition.
4
The
bill
requires
the
department
to
sell
seized
or
forfeited
5
legal
firearms
and
ammunition
through
public
auction,
unless
6
an
exception
applies.
The
exceptions
include
if
the
firearm
7
or
ammunition
may
be
otherwise
used
by
the
department,
has
8
such
distinctive
or
unique
characteristics
so
as
to
make
it
9
an
important
addition
to
the
department’s
weapons
archive,
or
10
is
necessary
for
an
exchange
with
a
federal
agency
or
agency
11
from
another
state
for
specified
uses
or
due
to
extraordinary
12
circumstances,
which
shall
be
individually
approved
and
13
recorded
by
the
commissioner.
The
bill
also
provides
that
a
14
firearm
or
ammunition
may
be
destroyed
only
if
it
fails
to
sell
15
at
public
auction
or
is
determined
damaged
or
unsafe
for
use.
16
Certain
disposition
requirements
do
not
apply
to
weapons
or
17
ammunition
that
are
illegal
or
offensive
weapons.
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